State Militia

Sec. 1. Of whom militia constituted.
The militia of the state shall consist of all able-bodied qualified residents of the state, and those nonresidents who are accepted into service, between the ages of seventeen (17) and seventy (70) years; except those exempted by the law of the United States or of the state. But all residents having scruples of conscience averse to bearing arms shall be excused therefrom upon conditions as shall be prescribed by law.

This section was amended by a resolution adopted by the 1999 legislature, ratified by a vote of the people at the general election held on November 7, 2000, and proclaimed in effect on November 15, 2000.

Sec. 2. Legislature to provide for enrollment, equipment and discipline.
The legislature shall provide by law for the enrollment, equipment and discipline of the militia to conform as nearly as practicable to the regulations for the government of the armies of the United States.

Sec. 3. How officers commissioned.
All militia officers shall be commissioned by the governor, the manner of their selection to be provided by law, and may hold their commission for such period of time as the legislature may provide.

Sec. 4. Flags.
No military organization under the laws of the state shall carry any banner or flag representing any sect or society or the flag of any nationality but that of the United States.

Sec. 5. Governor to be commander-in-chief; powers.
The governor shall be commander-in-chief of all the military forces of the state, and shall have power to call out the militia to preserve the public peace, to execute the laws of the state, to suppress insurrection or repel invasion.